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IBBI Proposes Comprehensive Reform of Valuation Framework to Strengthen Transparency and Standardisation under the IBC
The IBBI has proposed sweeping reforms to standardise valuation practices under the IBC, including uniform reporting formats, harmonised standards, recognition of intangibles and synergies, and a streamlined valuer appointment system.
Nov 153 min read


Restoration of Cancelled Lease Vital for Corporate Debtor’s Resolution; NCLT Exclusive Jurisdiction Affirmed under IBC
The Allahabad High Court held that disputes relating to the restoration of a cancelled lease essential for the Corporate Debtor’s resolution process fall within the NCLT’s exclusive jurisdiction under Section 60(5) of the IBC, rendering writ challenges non-maintainable.
Nov 144 min read


Possession Disputes During Liquidation Fall Within NCLT’s Exclusive Jurisdiction: High Court Dismisses Writ as Non-Maintainable
The Gujarat High Court ruled that possession disputes during liquidation fall exclusively under the NCLT’s jurisdiction and writ petitions against such orders are non-maintainable.
Nov 134 min read


Consumer Proceedings Initiated During IBC Moratorium Held Void: Bombay High Court Quashes Orders Passed Against Corporate Debtor
The Bombay High Court ruled that consumer or recovery proceedings initiated during the IBC moratorium are void once a resolution plan is approved under Section 31 of the Code.
Nov 134 min read


Adjudicating Authority Cannot Presume Waiver of Oral Hearing When Pass Over Is Requested: NCLAT
NCLAT clarified that a mere request for pass over cannot be treated as waiver of oral hearing and directed that the principles of natural justice must be strictly upheld in adjudicatory proceedings.
Nov 123 min read


NCLAT Sets Aside Adjudicating Authority’s Order: CoC-Approved Sale under Regulation 29 Held Valid and Binding
NCLAT ruled that the Adjudicating Authority cannot intervene in a CoC-approved sale under Regulation 29 of the CIRP Regulations when the sale process complies with the IBC framework and reflects the CoC’s commercial wisdom.
Nov 104 min read


High Court Holds: Auction Purchaser Cannot Claim Relief for Undisclosed Society Dues under ‘As Is Where Is’ Sale
The Allahabad High Court held that an auction purchaser buying property on an ‘as is where is’ basis assumes full responsibility for undisclosed liabilities and cannot seek relief for society dues discovered after the sale.
Nov 93 min read


NCLAT Sets Aside Adjudicating Authority Order: EPFO Claims During CIRP Moratorium Unenforceable
NCLAT held that EPFO claims arising during CIRP moratorium under Section 14 IBC are unenforceable and cannot be admitted against the Corporate Debtor.
Nov 94 min read


NCLAT Rules: Suspended Director Lacks Locus under CIRP; Moratorium under IBC Does Not Bar Adjudicating Authority from Allowing Arbitral Counterclaim
NCLAT ruled that a suspended director has no locus during CIRP and clarified that moratorium under Section 14 IBC does not bar the Adjudicating Authority from allowing arbitral counterclaims.
Nov 83 min read


NCLAT: Subsequent Agreements Cannot Nullify Existing Corporate Guarantee under IBC
NCLAT ruled that subsequent financial agreements cannot nullify existing corporate guarantees where sanction letters ensure their continuity, and insufficiency of stamp duty does not render a Section 7 IBC proceeding invalid.
Nov 84 min read
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